kristy smith is live outside city hall with the details on the decision. >> good morning. this meeting went until almost 3:00 this morning. 250 people signed up to speak. not all of them got a chance. we are talking about activists, pastors, mothers, all concerned about crime in oakland. what to do, how to bring it down. in the end city council brought on bill bratton. >> the vote is seven ayes, one no. >> shame on you! >> reporter: council member malone was the lone no vote. the vote came in after 2:00 this morning. the council approved a $250,000 contract that includes hiring former l.a. and new york police chief bill brat ton to consult with police on how to bring down crime. some in the crowd said they thought bratton's support for

stop and frisk policies will lead to racial profiling. with 131 homicides last year, six so far this year, other residents said, look, oakland needs help. >> we happened to have an unfortunate skin color. i hate to say it like that. i have pride in who i am. >> when you can't walk down the street, be safe. you can't go to school because it's just a war zone that's going on. we believe bill bratton is a strategist. >> reporter: the council approved hiring 20 new police techs to allow oakland street police to do more crime fighting. also approved paying to bring on ten alimeda county sheriff's deputies for six months adding a new police academy sometime this year. reporting live in oakland, kristy smith, "today in the bay." >> in the meantime an undercover oakland officer shot while on duty is recovering at home. doctors say he had a gunshot

wound to the arm when he was broug in monday night. he was released monday morning. after a 14-hour man hunt five alleged gang members were arrested in connection with the attack. two were arrested for parole violation. >> best friends remembered this morning for their hearts and souls after being swept out to sea vacationing in hawaii. they were exploring a beach on friday when witnesses say they were dragged out to sea by two rogue waves. brian baker was hit first. his friend adam griffith lowered a stick to pull baker back to safety. another wave came out and knocked him into the water. they both drowned. his fiance witnessed the whole thing. friends stunned and saddened. >> he's been swimming since he was a young kid. he was a driver in high school.

the triathlons. he was really, really fit. >> they made friends with everybody. they made everyone feel welcome. and appreciated. >> yesterday, crews called out the search for baker's body. >> long awaited testimony this morning. less than an hour from now. saeg of state hillary clinton will meet with congress to discuss last fall's deadly attack on the u.s. consulate in benghazi. marla has more on what the secretary of state is expected to tell congress. good morning. >> reporter: good morning. it's not likely hillary clinton imagined her career as secretary of state would end like this. she faces three hours of questioning today. starting at 9:00 a.m. eastern, 6:00 our time, we'll have a live look at the hearings once they get under way.

the senate foreign relations committee now includes john mccain. mccain is dead set on believing the response to the deadly attack in benghazi that killed u.s. ambassador chris stevens and three other americans was a cover-up by the state department. a little bit of background. the bombing was blamed on inspiring protesters to take aim. reports claim the body was a terror attack linked to al qaeda. just recently new reports show ambassador stevens worried about security all the the compound well before september. his requests for more security was denied by the state department. secretary clinton is expected to be grilled about the security concerns. what did she know and when? already an accountability review board found security was, quote, grossly inadequate in benghazi. that board made 29 recommendations to improve it. the hearing will be an all-day

affair. secretary clinton will answer to the house foreign affairs committee this afternoon. anything but an easy answer. >> 5:06 now. christina loren is here to tell us about rain drops falling on our heads. >> rocking to the rhythm of the rain later today. good-looking day. we are starting out nice and mild. we are starting close to 50 degrees just about everywhere. easily touching on the 50s and 60s. you will need the umbrella. not expecting action in the south bay. however north of the golden gate bridge you need your umbrella today. hour by hour details shows you at 8:00 a.m. mostly cloudy conditions staying dry for the morning commute. mid-morning we have showers on the way. especially over the higher elevations surrounding the santa cruz mountains getting activity. in the east bay, we stopped the

clock for you at noon. most of the rainfall coming in at that point. that's where it will stay throughout the day today. maybe the stray shower over the peninsula. a stark contrast from the beautiful beach weather we have had. temperatures fall back into the 50s. we have a little bit more rain on the way through tomorrow and getting into the weekend. we'll talk about it in the next report. 5:07. it's picking up on a wednesday morning. mike is always busy in the bay area. what are you tracking now? >> i did want to show the shot that mark in the operations center showed me. this is the upper deck. we showed it earlier as well. the lights really aren't going to start the show until march 5. we are testing them out. they were installed earlier. this is from san francisco. this is the bay bridge on the approach. the lights will be off and on until march 5. we are looking at the toll plaza. there are no metering lights.

the backup has cleared. your normal approach getting into the city. also the crash still at least with one chp officer getting into the city. no major slowing for the past few minutes. there was a single car crash in the area. a live look outside. good number of cars here. 101 at 680. road crews to tell you about. back to you for now. >> thanks, mike. a little more fuel for the fire here. jerry rice coming out in support of controversial comments made by tim brown this weekend. brown telling reporter former head coach bill callahan played to lose super bowl xxxvii. of course raiders fans remember the pain. that's when the team was blown out by tampa bay. brown said the raiders were ready to run the ball but callahan changed the game plan just two days before the super bowl. so far, no comment from

callahan. >> from one controversy to another, a rot of niners fans calling for the replacement of kicker david akers. he missed his only field goal attempt and hit 29 of 42 field goal attempts this season. now he's getting some support from nfl alum. all three kickers from the niners five previous super bowls are offering support. they say he's the best of the best, one of the first guys they would pick to kick in the super bowl. >> that's a guy praying for redemption. maybe a big field goal in the super bowl. >> stay with us. we have continuing coverage of the 49ers quest for their sixth super bowl trophy. more journalists on the ground in new orleans than any other local station. catch their work on air and on the website. nbcbayarea.com. it is updated around the clock. we have a special page dedicated to the 49ers.

there you will find analysis and fan photos and interviews. >> wall to wall 49ers. it will be fun. 5:10 now. a high tech heist has police on the lookout for thieves with expensive tastes. we'll let you know about the pricy items they walked away with. >> and what google cannot do. >> we'll look at the all important earnings season. apple today, very important for silicon valley ahead.

>> announcer: you're watching "today in the bay." >> the world's biggest online retailer is about to do some hiring in the bay area. officials from amazon looking to employ at least 500 new full-time workers at the distribution center to be built in tracy. they are designed to help amazon provide same day and next day service to customers. ultimately amazon says it is planning to add some 10,000 new

jobs in california and it adds its employees are paid 30% more than traditional retail jobs. >> google says the clock is ticking on the bridge construction project. google wants to build two bridges to connect the main campus in mountain view to a new complex at nasa ames research center. the complex is expected to be finished by 2015. google says without the bridges, traffic between the campuses will clog in a congested area of the bay shore. city council is looking at the proposal but it's not due until next month. >> investors pleased with the growth. scott mcgrew continues our coverage. >> google said it made more money than experts figured it would but also was having some of the same problems with mobile than other sites like facebook have. here is an executive takeaway. google makes less money per ad as the downward trend continues

but has more users. notably larry page, ceo, was on the call with reporters. ras pi voice but there he was. he's been skipping those for health reasons. this afternoon the most important company in the united states, apple, opens the books. earlier verizon gave us a hint about that. the cell phone service provider activated 6 million new iphones in the past six months. that's a big number. less than half of those were the iphone 5. that could be bad news. apple selling more older models than newer more expensive models. one way or the other, we'll see after the bell. let's start with kayla live at cnbc world headquarters. good morning. >> good morning. we have futures in the stock market higher this morning likely due to good herbings reports from last night from tech giants google and ibm. stocks rose tuesday with the dow, nasdaq and s&p 500 closing

at new five-year high. the dow has been up in eight of the past nine sessions. we have data on home prices and more big earnings from the likes of mcdonald's and united technology. this afternoon we hear from apple. the dow rising. the nasdaq up eight. those are the headlines. back to you. >> thank you. some of the god fathers of tech praning a memorial for the young hacker aaron swartz later this week. he took his life as he faced pridsen time for downloading academic papers at m.i.t. some of the people who invented the internet will hold the memorial. i will post the information to the facebook page for more information about that. >> thank you very much, scott. >> it's 5:15 now. we have had a nice run. >> if you want to go for a run you have five hours to do so

before the first showers. we're not going to push you. 5:16 now. taking a live look at moisture over san francisco. you can smell the rain out there. significant changes on the way in the bay area forecast. that's stellar sunshine we have been enjoying. that's a thing of the past this afternoon. 44 degrees in livermore. a mild start in san jose. 44 in gilroy. our mildest start in two weeks. high pressure taking it. we'll see a nice day as temperatures climb into the upper 50s, low 60s because of the mild start. hazy conditions. it's a spare the air day. you cannot burn the wood legally. not bad at a all. showers by noon over the bay area. light to moderate at best. clearing out into tomorrow

morning. slick conditions for the morning commute on thursday. today grab the umbrella. it will be easier for you to get to work without having to get in soggy this afternoon. we'll see most of the activity in the north bay. i'll let you know when if you are looking at the weekend. it hasn't rained for a while. watch for the oil out there. >> the build-up happens. typical, cars going over the roadway builds up the layer. water floats it up there. good note, christina. we have a note for the south bay. typical road crew going on. south 85 from sunniville to cupertino. sensors clearing as folk move

into the area. that's not a surprise. we haven't had this until this week. looking at capital expressway off and on of 101. there is an improvement project. i posted details on my facebook page. there will be construction crews until 7:00 this morning through the overnight hours this week. there will be a detour posted. keep it in mind. might be a delay for you as you get through the area. no delays through the dublin interchange. it's cleared. no delays. just slowing out of the altimont pass. oakland 880 north through the colosseum. picking up volume. an easy drive to the bay bridge. the overpass, construction crews cleared from the roadway on the approach to the bay bridge itself. a smooth flow and no problems for the peninsula. we have a quick look at 101 and university. >> thank you very much, mike. this morning santa clara county sheriff's deputies searching for

a burglar who snatched pricey wine. arturo santiago outside the restaurant in saratoga with more. good morning. >> good morning. from what we know so far the only items stolen were bottles of wine. keep in mind the bottles range in value from hundreds of dollars up to $42,000. these are pictures from the restaurant's website. it appears theburg la ray took place between midnight sunday and 5:00 a.m. monday morning. according to the santa clara county sheriff's department the call came in monday morning. staff noticed a window had been broken. when they checked to see if anything was missing several bottles of wine valued at several thousand dollars had been taken. police don't have a suspect.

the surveillance of the michelin starreded restaurant, the items on the wine list cost anywhere from a $60 sparkling wine to a nearly $43 thoiz bottom of cristal millennium. the majority is high end wines with a price range between $100 and $500. we tried getting comments from the owners of the restaurant. they have declined to make a statement. live in saratoga village for "today in the bay." >> thank you. >> 5:20 now. coming up a new proposal to ban plastic bags statewide. the new move meant to make it harder. [ female announcer ] pillsbury crescents on their own are fantastic

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>> announcer: you're watching "today in the bay." >> welcome back, everyone.

good wednesday morning to you. what a beautiful live look outside. marina district. that's the beautiful palace of fine arts. quite picturesque. 5:23 now. the next time someone proposes draining the heche reservoir it will take more than a vote to get it approved. in november voters rejected a controversial plan to continue draining the reservoir, returning the area to a natural state. to prevent future attempt, the san francisco public utilities commission and other water supply officials teamed up to amend their contracts. the amendment insured that all bay area water agencies would have a say on what happens to the reservoir which provides water to almost 2 million people in san francisco, san mateo and santa clara counties. >> a bay area legislator proposing a statewide ban on plastic bags. mark le vine authored the proposal.

it's his first piece of legislation. grocery stores who make more than 2 million annually would have to stop offering plastic bags. he called for free paper bags or charge a fee for recycled bagses. if passed the new ban would take place. >> music lovers will be descending to help celebrate the opening of the t new jazz center. work was recently completed on the $63 million concert hall. the ampitheatre, three stories tall, is enclosed by glass. the officials say it's the only freestanding jazz only venue west of manhattan. tonight's perform will be hosted by actor and comedian bill cosby. >> quite the event. smooth jazz and the cos in the house. that's what i call him. i don't know the guy. christina, what's happening

outside? fl. >> it's not frigid out there. showers coming in. we need the rain. we are getting to the point where we are above average in terms of precipitation. we are getting close to a low. we want to keep you updated. temperatures are in the 40st and low 50s headed to the upper 50s. you need your umbrella between 11:00 and 7:00. 5:25. first we want to get you to work on a good note. mike? >> i will take credit for that. smooth drive now. good space in between the cars. a pleasant drive on all approaches to the bay bridge which has no backup now. getting into the city, the map shows you a smooth drive. just updated from chp, the crash back tift at the off a ramp. approaching 880. smooth drive into and out of san francisco on the bay bridge and the golden gate bridge.

under the water, there is a minor delay getting away from the city. over to the fremont and dublin station there is a ten-minute delay from overnight and work that was going on but getting into the city to san francisco, looking all right. back to you. >> still to come, passing on pot. the bay area cities banning marijuana dispensariesedispensa >> and let the cops collect them. gu owners could be turning their guns over to police. ♪

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nature at its most delicious. hundredseses of speakers at a meeting that went on for hours. in the end the oakland city council brought on oh bill bratton to bring down crime in oakland. the story is coming up. >> plus, was it a crime spree? police look at a possible link between a car jacking and home invasion robbery in one of san

jose's safest neighborhoods. it's a mild start to the day. but your forecast changes as of this afternoon. i will take you through the hour by hour development of the showers. tell you when they will hit where you are. >> reroutes in san jose and slow downs for a couple of routes coming up. >> now a live look outside. it's a spanning shot we have. that's the city of san jose and the early morning on a wednesday, midweek january 23. this is "today in the bay." good morning. thanks for joining us. i'm john kelly. >> i'm laura garcia-cannon. new this morning, it is official. the oakland city council will bring in a controversial consultant in hopes of reducing violent crime. the vote happened this morning after more than nine hours of very heated debate. kristy smith joins us live this

morning with more on the actual details of the $250,000 con saul tant. good morning. >> reporter: good morning. this meeting went on until 3:00 in the morning. 260 speakers signed up. in the end one city council member said, look, crime has been governing the streets of oakland for too long. he said i'm supporting the police chief. >> seven ayes, one no. >> shame on you! >> this debate was heated and emotional as protesters shouted "shame on you" and "let the war begin" after the council voted to bring on bill bratton as a consultant to bring down crime in oakland. homicide has been on the rise. the cost, $250,000.

residents worry the support could lead to racial profiling. people are afraid to walk down the street in the daytime. the city is also taking an economic hit. >> actually leaving the city because crime is bad. while we have an economic development department actively trying to recruit employers, so many won't come because of the crime. >> 20 new police techs would help keep regular oakland police officers on the street. he also approved paying to bring in ten sheriff's deputies to help patrol for at least six months allowing a new police academy sometime this year. live in oakland, kristy smith, "today in the bay." >> this morning san jose police trying to figure out if a car

jacking is linked to the home invasion in the safest neighborhoods four hours before the robbery. an elderly man was carjackeded in front of his home near redman avenue and wallace drive. two men attacked the victim and took his car. the carjacking happened just two and a half miles away from a home invasion robbery. that's when two to three men strong-armed their way into a home. they ultimately tied up the elderly couple that lived there. both in their 70s. they got inside and ransacked the home before driving away in two of the victims' cars. >> this afternoon city leaders will consider a very unusual gun control measure. the rules and open government committee will discuss a proposal involving storage of assault weapons. the proposal was written by a city resident. if approved any city resident who owns an assault weapon would be required to store it at the

police department. mayor chuck reed who chairs the committee has said he believes gun control laws should be handled at the state and federal level. >> less than an hour from now, secretary of state hillary clinton will be on the hot seat on capitol hill. she's being questioned about the deadly attack on the u.s. consulate in benghazi, libya. marla joins us now with more on what's expected to be a very intense hearing for the secretary of state. good morning. >> good morning. secretary clinton was supposed to sit in the hot seat in december. that's when she got sick. it's been postponed until today. we are just about 30 minutes away from the first round. the questions will focus on the response to the september 11 attack on the u.s. consulate in benghazi that killed u.s. ambassador chris stevens.

she'll answer to two committees, both looking for accountability. did secretary clinton deny request for more security at the benghazi compound before the december 1 is 1 attack? that's one of the questions she'll likely face. many republicans think the state department's initial response was a direct cover-up initially the state department blamed an anti-muslim film as fuel for the bombing. no telling what clinton will reveal. her state department spokeswoman says clinton will focus on the findings of a review board that says there were systematic failures that led to inadequate security in benghazi. the testimony is set to begin at 6:00 a.m. she will be questioned by the house foreign affairs committee. we'll bring you the latest. >> a lot of people waiting for this one.

both pittsburgh and antioch city councils voted to ban medical marijuana dispensaries from operating within city limits. pittsburgh will hold a final vote next month. the ban goes into effect 30 days later. ontario i don't think's ban stops mobile delivery service and cultivation. still allows patients to get marijuana if they are in hospice care or a nursing home. >> the loss gatas town council returning after public outcry over a plan to build. the council decided to send the plan back to committee for review. residents complained the plan to build a 450 unit complex near highway 17 and 85 would make a congested area worse. they were concerned the affordable housing would decrease property values along with hurting the quality of education.

>> they can have access to shops, downtown. this would not be all in one location. oh, these people. >> it's one of those we must use because there is space there. i don't want the town to lose financial support from the state which it will if it doesn't approve this. >> town council says they may revisit 36 other sites previously looked at for the project. >> let's revisit a look at the forecast for today. a change in the works. let's go to christina loren. >> something new to talk about. >> not so bad in san jose. probably want to grab your umbrella. temperatures in the 40s and 50s.

nice comfortable afternoon. above seasonal averages because we are starting out mild. off and on afternoon showers keep your temperatures in the 50s for today. cooler for thursday. a few fingering showers tomorrow morning. then a mix of sun and clouds. we'll get out on thursday. a better day for the outdoor activities. today, temperatures work like this. by noon, the hour by hour forecast shows you we'll hit the upper 50s. holding on to warmth throughout the day. heat of the day hitting 59. 57 degrees. i will let you know what's to come for the weekend. we had more change to get through. of course it's wednesday. so we've got your toyota tahoe report as well. 5:37. first a look at how the drive is shaping up. good news, bad news. >> if you have a toyota and you're headed to tahoe, okay as far as the roadway goes. we are waiting for a report about the conditions. 101 in san jose. a smooth drive. picking up a few cars northbound. not a major concern as far as

speeds go. the map shows green through the area. 101 north of 680. on the left i have circled the road crew still there. south 85. no surprise there. this unexpected though. a crash south 280 at the el monte road off ramp. slowing in the northbound direction as you approach the off ramp there could be flashing lights visible as the crew clears the area. there are no major injuries. they should have it cleaned up. we'll track that. meanwhile tracking this unexpected closure for some. capital expressway. the off and on ramp affected ant and through the rest of the week. they have an improvement project going on. they will be posting detours. plan on a delay in the area. so far the volume picking up through the area as well. high street through downtown. a peek at that coming up. >> thanks, mike.

>> 5:39 now. it might be time to check your freezer. coming up, a popular bay area company that's now recalling foods. >> new video just into the newsroom. a diver gets up close and personal with a dolphin. why this meeting may have saved the dolphin's life.

>> announcer: you're watching "today in the bay." >> welcome back. on capitol hill this morning the house expected to be voting within the hour on raising the debt ceiling. at issue here is whether the federal government should be allowed to borrow more money to pay off its debt. tracie potts is live on capitol hill this morning with all the latest details. good morning. >> good morning, john. two parts of the vote today. first of all, raising the debt ceiling. allowing the country to borrow more to pay off the debt that we have already incurred. something president obama was pushing more. conservative republicans wanted to see cuts first.

now the republican leadership said we won't link the two. we'll raise the debt ceiling until the middle of may. however there is a catch. they want to ensure that a budget is in place. a spending plan for the country. so the vote also says if lawmakers on either said don't pass a budget by april 15 -- tax day for everyone else -- they would lose their income. no paychecks until they have a budget. that's where we are now. that's the crux of the vote coming up today. the white house says the president will sign the bill if it's passed. republican ps have been counting their votes. despite opposition still from conservatives who want to see spending cuts happen first. they believe they have the votes for it to pass. 17 conservatives could derail that. >> we'll see if there is movement. thank you very much. >> the woman whose image was fused to create a fictitious

groip in the manti te'o hoax said she had no idea her image was used and the man many say was behind the hoax has called to apologize. >> my name is diane. it's a twisted and confusing scenario. he's called. not only confessed but apologized. i don't think there is anything he could say that would fix this h. >> she will speak on the "today" show this morning after our newscast starting at 7:00. >> britain's prime minister offering i century tifs to voters in hopes of getting a win for his party in the next election. david cameron will give british citizens a vote on whether the uk should leave the european union. he says the terms of britain's e.u. membership should be revised. cameron has been critical on how the e.u. is being handled. many brits agree and have pushed

leaders to remove england from the union. the first priority is to renegotiate the treaty and not leave the union. >> new this morning, some pretty stunning overnight evidence of just how things -- cold things are in the midwest. take a look at what happened to this warehouse in chicago overnight. the building caught fire. but as firefighters poured water over the fire, the building literally froze over. creating a giant ice sculpture. the warehouse was abandoned but the fire spread to a printing company and nearby building. luckily no injuries have been reported. >> now it is on to a possible life saving encounter between man and dolphin. we have video into the newsroom. a group of divers in hawaii come nose to nose with a wild bottle-nosed dolphin. one of the divers noticed the animal's fin is tangled in a fishing line. the dolphin hangs around for

seven, eight minutes giving the diver the chance to cut the line away. at one point it services to grab some air, comes back down to let the diver finish the job. dolphins are often wrapped in fishing line. the line digs in and creates a life-threatening infection or creates enough pain that the dolphin would stop eating. that's cool. the dolphin knew what was happening and is aware to come back. >> so smart. >> awesome. >> christina loren is here to tell us about the weather right on time as always. >> hopefully the forecast will time out correctly as well. temperatures are mild to start. we have rain on the way. mostly between 1 # 1:00 a.m. and 7:00 p.m. overall it depends on where you live as to how much you will get. mostly in the north bay as per usual. temperatures in the 50s though to start. a refreshing change. definitely more mild than it has been. it's a spare the air day.

you don't want to burn the firewood unless it is your only source of heat. not bad in san jose. 44 in gilroy. area of low pressure moving through. most of them the heavier rain comes to the north. we'll get showers. the front falls apart making its way over the bay area. not expecting a lot. clouds will increase. getting soupy out there at the coast. 50s today and inland we expect the 50s and 60s this afternoon. want to time it out for you. should be okay for the morning commute. by 9:00 a.m. showers hold off. we stop the clock by noon. the coastline getting activity. same goes for the peninsula and east bay. dry at noon in san jose. the showers move through as we head through noon and 6:00 p.m. in the south bay. not a lot of activity. what will happen is the showers purify the air quality. about 20 consecutive days without significant rain. it's been a cry month. we need the shower activity.

grab your coat in san jose. 60 degrees in redwood city. throughout the next couple of days we'll keep rain in the forecast friday into saturday. a 20% chance of showers, 30% on saturday. hit or miss. sunday, a good idea to make indoor plans for another more significant system monday and tuesday. we get you more cloudy on monday. the sun will be back on tuesday. let's check the drive with mike. >> the sun will be out on tuesday. >> the cash lanes, starting to build. looking smooth as well. we are seeing slowing. a typical pattern as well. right now we have a five or ten-minute delay. minor delays getting out of the lake merit station.

away from the maze, minor delays. no delays reported. a quick look farther south. to fremont, the volume of traffic for south 880. that's the commute direction. a smooth flow of traffic. northbound direction. a smooth drive-thru fremont and oakland. the map shows you a similar situation. 880. 680, no problems. over here. a quick look at the north bay where southbound 101 is the direction here. no slowing through san rafal. >> a little heads up. a local company with a recall for frozen pizza. annie's is recalling boxes of home grown frozen pizza. the pizza may have fragments of metal caused by a faulty screen at a third party flour mill. the pizzas have a best by date of january 9 through september 14 of this year.

annie says the recall is merely precaution their. no reports so far of illness or injury. it is switching suppliers either way. annie's made the stock market debut last year and saw a huge success. news of the recall now sending shares plunging 12%. >> the lafayette school district is making safety changes in the wake of the sandy hook tragedy. it plans to replace current classroom door locks with ones that b can be locked from the inside. doors can only be locked from the outside using a key. officials say it will cost $60,000 to replace the locks to the five schools. scott valley schools voted for a similar change. a new argument in the plan to split up the 415 area code. giving businesses in san francisco a 628 area code would make them seem less important than the ones in 415.

a commission says instead only marin county should get the 628 area code. part of the northern peninsula could get a 650 prefix. the california public utilities exhibition expected to run out of the 415 coveted numbers by october of 2015. >> it is 5:50. coming up the super bowl staple that could have you digging deeper. deeper for cash not handiwipes. >> and was there a plan to lower tech salaries in the 408? that's coming up. so... [ gasps ]

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>> announcer: you're watching "today in the bay." >> welcome back. as your 49ers gear up for super bowl xlvii we have a live look at their new home coming in 2014. the team will kick off in santa clara. it's beautiful. i went through a few timeses. amazing how far the construction

has come. looks nice with the lights, too. the 49ers hoping to have the lombardi trophy. we'll cheer them on. it's 5:53. if you're planning to serve up tasty chicken wings at your super bowl party get ready to fork over more cash. the national chicken council, they say there are fewer wings available this year. so it will cost you more. the shortage is due to a combination of things including rising costs of corn. the wings are expected to cost $2.11 a pound, an increase of 12% over last year. well worth it. >> in preparation for the super bowl party niners fans are getting some ink. >> i have been a fan since '85. who's got it better than us? >> nobody! >> oh, yeah. that's a true fan.

steady stream of business during the playoff run. the tattoo parlor offering half off deals on all 49ers tattoos until the super bowl. they have done work for tight end delaney walker. apple cofounder steve jobs tried to coerce a competing tech company into a plan to keep workers wages low. scott, some serious accusations. >> they are. good morning. the plan was unearthed by a plan as it looks into plans to discourage companies from stealing employees from each other. intel, addone, apple, all accused of this. in steve jobs case the former head of palm said jobs told him to stop hiring apple employees. if he didn't, apple would bring expensive patent lawsuitses against palm as punishment.

remember, not long ago a palm which no longer exists was a serious competitor in the smart phone business. hired a number of big name apple execs as well. evidence will be heard by federal judge lucy koh, the same judge who sat on the bench during the sam sung trial. she ordered current apple tim cook to testify in the wage fixing case as she decides whether to grant class action status. after the closing bell, all kinds after anxiety. this after reports growth of the iphone is slowing. no matter what they say it will make an enormous amount of money. what investors are worried about is the speed of the growth. that could be slow. >> thank you very much.

one to watch. >> keep an eye on apple. let's check in with christina loren talking about time to break out the umbrellas. >> when you walk out the front door you will smell it in the air. the rain is back in the forecast as of this afternoon. we'll hold off until noon for most of the bay area. 58 degrees at noon. 59 to round out the day. 57. make sure you have the coat with you. bring your umbrella as well. not bad when it comes to temperatures. they will drop off. we'll tell you when coming up. first want to get you out the front door on wednesday and find out what could slow you down before you leave. check on that with mike. >> good morning. we are looking at the 101. getting a few more cars. more company through the area north of 680. that could slow you down. look at the map. we have colors changing from green to yellow to orange. we took a live shot slowing from just past 880. also the road crews capital, the

overnight cruise here tonight and tomorrow through the rest of the week. meanwhile the rest of the south bay shapes up. back to you. >> thank you very much. >> 5:57. still ahead a high class heist. an expensive restaurant gets hit right in the middle of the night. ♪ ♪

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questions for clinton. congress asking if the state department ignored safety concerns before a bay area native lost his life in libya. >> plus, is a police proposal too tough for the streets of oakland? the final vote on a controversial plan to crack down on crime. we el have that just ahead. >> an up scale restaurant ransacked and robbed of thousands of dollars in fine wines. it's the first morning in two

weeks without sub-freezing temperatures. that's not the big story. rain on the way. we'll time out the storm system to your doorstep. >> plus, i have the backup at your bay bridge toll plaza and an update on delays out of oakland coming up. >> in a week and a half the 49ers will kick off in the super bowl. that building is where they will call home. should be spectacular. it is wednesday, january 23. this is "today in the bay." >> announcer: from nbc bay area this is "today in the bay." >> straight up 6:00. a good morning one and all. thanks for joining us. i'm john kelly. >> i'm laura kbark. happening now, long awaited testimony getting under way as secretary of state hillary clinton faces congress to answer questions about the deadly attack on the u.s. consulate in libya. the impact of the attack felt especially deep here in the bay area because